United States Eighth Circuit

Petition for review of a denial of Mexican native's application for asylum and related relief, alleging a fear of persecution based on his homosexuality and HIV-positive status, is denied over claims that: 1) the BIA committed a number of errors in determining that a presumption of a well-founded fear of future persecution was rebutted by a fundamental change in circumstances; 2) even if petitioner did not have a well-founded fear of future persecution, the BIA should have granted him "humanitarian asylum" based on the severity of his past persecution; and 3) the BIA erred in denying withholding and CAT claims.

Appellate Information

• Decided 11/02/2007
• Published 11/02/2007

Judges

• BOWMAN, Circuit Judge., Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• M. Audrey Carr, argued, Carmel, NY, for petitioner.


• For Appellees:
  
• Thomas H. Dupree, Jr., argued, Robbin K. Blaya, OIL, U.S. DOJ, on the brief, Washington, DC, for respondent.